Possessing even small quantity of narcotic drugs can attract Kaapa provisions: Kerala HC

Kochi: High court has held that the mere possession of even a small quantity of narcotic drugs constitutes "stocking" and qualifies as "anti-social activity" under the Kerala Anti-Social Activities (Prevention) Act, 2007 (Kaapa).HC further clarified that such conduct can bring an individual within the ambit of a "drug offender," and consequently a "goonda," under the Act. The decision was rendered by a five-judge bench comprising Justices Devan Ramachandran, P Gopinath, A Badharudeen, M B Snehalatha and Jobin Sebastian. The reference arose from conflicting judicial views, particularly a three-judge ruling in Suhana vs State of Kerala, which had held that possession of a small quantity of drugs, without evidence of intent to sell, would not attract the definition of a "drug offender" under Kaapa.Disagreeing with this interpretation, the five-judge bench held that the term "stocks" under Section 2(i) of Kaapa must be given a broader meaning and cannot be restricted to possession for commercial purposes. HC observed that the term "stocking" is conceptually wider than mere possession and would include holding drugs for future use, irrespective of the quantity involved. It rejected the view that only activities linked to sale or distribution would fall within the ambit of the provision.HC also emphasised that under Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), possession of narcotic substances itself constitutes an offence, regardless of quantity. It further held that it would be erroneous to classify offences involving small quantities as "petty," noting that all drug-related offences have serious societal implications, including adverse effects on public health and social order.Importantly, HC clarified that even possession for personal consumption qualifies as an "anti-social activity," as it contributes to the broader menace of drug abuse. Subsequently, HC disapproved the findings in the Suhana case, holding that its conclusions were legally unsustainable.HC also indicated that the preventive detention framework under Kaapa is generally intended to address habitual or repeated offenders, rather than isolated instances, depending on the facts and statutory requirements. Accordingly, the reference was answered by affirming that possession of even small quantities of narcotic drugs can amount to "stocking" under Kaapa, thereby expanding the scope of its applicability.